Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision CA - Making interim post-sentence orders  

SECTION 105A.9A   Interim supervision orders  

(1)    
The AFP Minister, or a legal representative of the AFP Minister, may apply to a Supreme Court of a State or Territory for an interim supervision order in relation to a terrorist offender if an application has been made to the Court for an extended supervision order in relation to the offender.

(2)    
On receiving the application for the interim supervision order, the Court must hold a hearing to determine whether to make the order.

Determining the application

(3)    
The Court may determine the application by:

(a)    making an interim supervision order under subsection (4) ; or

(b)    dismissing the application.

Making an interim supervision order

(4)    
The Court may make a written order under this subsection, in accordance with sections 105A.7B and 105A.7C , if:

(a)    either:

(i) an application is made in accordance with subsection (1) for an interim supervision order in relation to a terrorist offender; or

(ii) an application is made in accordance with section 105A.9 for an interim detention order in relation to a terrorist offender and the Court is not satisfied as mentioned in paragraph 105A.9(2)(b) ; and

(b)    the Court is satisfied that any of the following relating to the offender will end before the application for the continuing detention order or extended supervision order has been determined:

(i) a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a) , (4)(a) , (5)(d) or (7)(a) ;

(ii) the period for which a post-sentence order or interim post-sentence order is in force;

(iii) the period for which the interim control order referred to in subparagraph 105A.3A(8)(c)(i) or confirmed control order referred to in subparagraph 105A.3A(8)(c)(ii) is in force; and

(c)    the Court is satisfied that there are reasonable grounds for considering that an extended supervision order will be made in relation to the offender; and

(d)    the Court is satisfied that there are reasonable grounds for considering that each of the conditions to be imposed on the offender by the order under this subsection is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the terrorist offender committing a serious Part 5.3 offence.

Note:

A series of interim supervision orders can be made in relation to a person (see subsection (8) ).

(5)    
For the purposes of paragraph (4)(d) , in determining whether each of the conditions to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 105A.1 ).

Effect of an interim supervision order

(6)    
The effect of an interim supervision order is to impose on the offender, for the period the order is in force, conditions contravention of which may be an offence.

Content of order

(7)    
The order must specify:

(a)    that the Court is satisfied of the matters mentioned in paragraphs (4)(b) to (d) ; and

(b)    the matters mentioned in paragraphs 105A.7A(4)(b) , (c) and (e) ; and

(c)    the period during which the order is in force, which must be a period of no more than 28 days that the Court is satisfied is reasonably necessary to determine the application for the continuing detention order or extended supervision order.

Note:

The order may be suspended during the period that it is in force if the offender is detained in custody in a prison (see section 105A.18C ).

(8)    
The total period of all interim supervision orders made in relation to the offender before the Court makes a decision on the application for the continuing detention order or extended supervision order must not be more than 3 months, unless the Court is satisfied that there are exceptional circumstances.